New rules aim for more affordable legal help in Alabama

Modifying child support, fighting child custody changes and other legal matters should become more affordable for many under new rules allowing people to hire lawyers for limited purposes such as drafting court documents, Alabama State Bar officials said.

"A person might pay a couple hundred dollars for a lawyer to prepare a pleading, versus the thousands it might take to pay the lawyer to handle the whole case," said Henry Callaway, a Mobile lawyer and chairman of the state bar committee that drafted the "limited-scope representation" rules.

The rules change, approved in late March by the Alabama Supreme Court, is designed to make access to justice more affordable for low- and middle-income residents, said Jim Pratt, the Alabama State Bar president.

"Allow(ing) limited-scope representation in civil matters is part of the legal profession's drive, in collaboration with the courts, to clear obstacles to legal representation," Pratt said in a statement.

The change also is expected to open new financial opportunities for solo and small-firm practitioners, who make up two-thirds of the state bar's membership, Pratt said.

A recent state bar survey showed 37 percent of the state's lawyers earned $50,000 or less in 2010, an increase over 1996 when 24 percent of lawyers reported that pay level.

Limited-scope representation rules took effect March 26 but still are being implemented. A free Web training session for lawyers is set for Wednesday.

At least 42 states have some version of limited-scope representation, according to the American Bar Association. Callaway said he saw the need in Alabama while doing pro bono, or free, legal work for low-income people.

"Pro bono only helps the lowest of the low incomes," he said, because eligibility is based on income level.

"It doesn't help those with middle incomes," Callaway said. "There are a lot of middle-income people out there who need legal help but can't afford to pay a couple thousand dollars for a lawyer to handle the whole case."

Although it's not suitable for all civil litigation, Family Court and small claims cases are the areas it is most likely to be applied, Callaway said.

Especially when children are involved, divorce issues can linger for years or even decades after the marriage ends. The legal bill mounts with each modification or each fight to get a court order enforced, such as child support payments, Callaway said.

"This allows them to pay a smaller fee to have a lawyer only draft a pleading and tell them how to proceed," he said. "Then they can file it and pursue the case themselves."

Limited scope

Examples of limited-scope representation include hiring the lawyer to:

Act as a consultant on the law, evidence preparation and/or courtroom procedure as needed during the case.

Handle only one aspect of a case in-court, such as a hearing to set child support.

Only prepare court documents.

Conduct only the most complicated research and evidence-gathering.

Lawyers would file a notice of limited representation with the court, then file a notice of completion when the specific job is done.

They are not required to sign the court documents they prepare in these cases, but must note that a licensed state bar member helped write it under the limited-scope representation rules.

The benefits are universal, Callaway said. People have a more affordable pathway to justice and access to better legal advice than if they had tried to handle the case on their own, he said.

Solo and small-firm lawyers will get more business, broken down into manageable chunks as they juggle their caseloads, he said. And judges get better-prepared litigants and court filings, he said.

"We've seen it work in other states," Callaway said. "We think it will be a win-win-win here."